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High Court of Punjab and HaryanaCRM-M/33011/2018disposed of

Vishal Singh Chauhan v. Sate Of Ut And Others

2025-11-12Mr. Justice Jasjit Singh Bedi2 pages

CRM-M-33011-2018 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-33011-2018 (O&M) Date of decision: 12.11.2025 VISHAL SINGH CHAUHAN .... PETITIONER(S)

VERSUS

STATE OF UT AND OTHERS ...RESPONDENT(S) CORAM: HON'BLE MR. JUSTICE JASJIT SINGH BEDI

Present:

Mr. Amit Jaiswal, Advocate for the petitioner(s).

Mr. Shubham Mangla, Addl. Public Prosecutor for the respondent-State.

**** JASJIT SINGH BEDI, J. (Oral) The prayer in the present petition under Section 482 of Cr.P.C, is for quashing of the FIR No.393 dated 25.12.2017 under Section 407 IPC registered at Police Station Sector-11, West Sector, Chandigarh along with subsequent proceedings arising therefrom. 2.

The learned counsel for the petitioner contends that as per the allegations levelled in the FIR, the petitioner is stated to have taken away the key of the car belonging to his father, namely Sukhbir Singh, who has now passed away. The statement of the brother of the petitioner, namely Sanjeev Singh Chauhan, has been recorded by the Investigating Agency as per which he does not wish to prosecute the instant FIR. He further contends that as the petitioner/Vishal Singh Chauhan and his brother, Sanjeev Singh Chauhan, are the only legal heirs of their deceased father, Sukhbir Singh, no useful purpose would be served by continuing KUSUM 2025.11.13 10:35 I attest to the accuracy and integrity of this document PHHC Chandigarh

CRM-M-33011-2018 (O&M) with proceedings arising out of the instant FIR and therefore, the FIR and all consequential proceedings arising therefrom ought to be quashed. 3.

The learned counsel for the State fairly concedes that the petitioner is the son of the complainant/Sukhbir Singh, who has since passed away and the other legal heir of the deceased/Sukhbir Singh is Sanjeev Singh Chauhan, who is none other than the real brother of the petitioner. He concedes that the statement of Sanjeev Singh Chauhan has been recorded as per which he does not wish to pursue the instant FIR. 4.

I have heard learned counsels for the parties. 5.

Apparently, no person will step into the shoes of the complainant to pursue the instant FIR. Therefore, in view of the contentions raised by both the parties, the pendency of proceedings emanating out of the instant FIR are an exercise in futility and an abuse of the process of law. Therefore, FIR No.393 dated 25.12.2017 under Section 407 IPC registered at Police Station Sector-11, West Sector, Chandigarh along with all subsequent proceedings arising therefrom stand quashed.

6.

All the pending miscellaneous applications, if any, stand disposed of.

(JASJIT SINGH BEDI) JUDGE 12.11.2025 Kusum Whether speaking/reasoned Yes/No Whether Reportable Yes/No KUSUM 2025.11.13 10:35 I attest to the accuracy and integrity of this document PHHC Chandigarh